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Question by rydfsanta: Residential lease – CAN I GET OUT THE LEASE?
Commencement date – July 3, 2010
Termination date- July 1, 2010
Since the landlord mess up on the signed one year lease- can I GET OUT THE LEASE since she put the wrong date July 1, 2010.

Best answer:

Answer by Larissa
if both you and lanlord signed the agreement, the mistake makes the lease null and void.
call your local landlord and tenant act to verify

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Question by tenantgoingcrazy: what does “inspect” mean in a residential lease?
This is a spin off of my first question about what I think may be a harassing landlord:

What does “inspect” mean in a residential lease. When my landlord “inspects” and has other reasons for entering with and without notice about every two to thre weeks, he comments on my lifestyle as “lease violations” (I moved two twin beds to accomodate my treadmill) when according to the realtor looking at my lease, no single violation exists.

What are landlord’s supposed to be inspecting and when does it cross the line into controlling and invasive behavior?
It is not the size of the bed. The house is a furnished rental. I moved two twins beds to make space for my treadmill.

I did not sign a lease with any such stipulation about moving furniture. The alleged violation is one of 4 alleged violations that have been called harrassment by HIS realtor, who said no single violation exists.

Landlord has a different “legitimate” reason for soming in every two to three weeks. he lies about showings and instead changes his mind and turns it into an “inspection”. Each “inspection” there is a new problem. HIS realtor comes and says he is crazy.

Are we all saying that after cooking a roast, when the oven needs a wipe down, the stove top has been used and a little bit of boiled over water is on the surface or the floor needs a sweeping, this is a lease violation? I am having a lot of trouble understanding how it is possible to be in violation of a lease continually, just by living. What is the standard? It gets cleaned up within the day.
In my state the legal notice time is 48 hours. He wrote into the lease 24 hours. I was ignorant of the law regarding this at the time. But the state law trumps the lease I have found out. So, he is also in violation there because he has only given me 24 hours notice in some cases.
Thanks Steve,

And this is what I really want to understand. What is it that a landlord is looking for in the 5 minute walk through? Are you looking for a dirty sink or are you looking for a hole in the wall of leaky pipes?

First, let me say, I have slight OCD and it manifests in organization and cleanliness. I have a very strict routine whereby I clean the house from ceiling to floor once per week- cabinets and drawers inside and out, removing all items. Vents, windows, everything.My house has ompliated moldings and door frames, I clean each surface of the molding. It takes about 12 hours with two people.

I also maintain the landlord’s large antique collection which is an additional couple of hours every two weeks of oiling and polishing.

During those two days (I break it up) The floor is neglected and needs a sweeping. It’s the last I do on my list. Makes sense right?

If the unit is kept at this standard and the floor is needing a sweep, is this beyond “inspection”?
I need to add that I would like to leave. I don’t want to fight. I just want to get away from this man. My porblem is the lease. It is clear no single violation exists. I would like to understand from a landlord’s perspective (I know what I would do) how one can state there are lease violatons, like moving furniture, when it is clar that the lease does not stipulate this.

There is no damage to the unit or the contents. It’s cleaner than when I moved in by a lot.

Do you all look at the lease carefully before claiming the tenant has violated and why? Howdo you interpret (in a furnished rental) “tenant may not remove fixtures”?

Would you feel comfortable entering the unit by leaving a message on an answering machine, never having made contact with the tenant, knowing the tenant has no idea you are there to “inspect”, after having been there three weeks prior? and three weeks prior to that and two weeks prior to that and two weeks prior to that and one week prior to that?

Best answer:

Answer by whiskeyman510
Well in most states a landlord is required to give 24 hours notice before any “inspection” unless it’s an emergency situation (such as a gas or water leak).

They don’t really have the right to just come in and see if they can bust you for something. Just like the cops, they really need probable cause.

I don’t see how the size of your bed constitutes a lease violation, and if I were you, I wouldn’t have signed a lease if it had stipulations like that.

If there is a renter’s board in your city, you might talk to them. Better yet, just move out and find a reasonable landlord.

When I was a landlord, I never made random inspections for no reason. Most of my visits were after the tenants called requesting some type of repair. The only exceptions were after I decided to sell the house and I needed to see what work would need to be done to make it sell-ready. In those cases, as required by law in California, I always gave 24 hours notice.

A landlord who enters your place without notice every 2-3 weeks is invasive and controlling and not someone I would want to give my hard earned money to.

If you can, find another place to rent and move out ASAP. Assuming you’ve already paid the last month’s rent, make sure you don’t pay him more than you owe as he also sounds like the type who would nickel and dime you on your security deposit refund.

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I don’t think basic cleanliness is a landlord’s business unless it’s so bad it’s attracting bugs or rodents. Whether you wipe down the stove every day or not really shouldn’t be his business.

I also don’t think moving furniture in a furnished apartment is a big deal either as long as you move it back when you move out, you don’t damage it moving it, and wherever you are moving it to is protected from the elements.

It sounds like your landlord is either just nuts or specifically has it out for you. Either way, I wouldn’t want the stress and hassle of dealing with him, so I think I would just move.

Most landlords aren’t like that and life’s too short to put up with people like that.

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To address your last part, “remove” has a clear definition; to remove from the property. If you simply moved it from one part of the property to another, and will move it back before you move out, that is clearly NOT a lease violation. If the lease said tenant must leave all furnishings in their current exact location, then he would have an issue. Since it doesn’t say that, he’s in the wrong.

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Question by : Is it possible to cancel a residential lease (in Texas) prior to moving in to the residence?
I signed a residential lease on Friday, December 17th for the period of January-December 2011 and would like to cancel the lease prior to moving into the residence in order to purchase a home.
I signed a residential lease on Friday, December 17th for the period of January-December 2011 and would like to cancel the lease prior to moving into the residence in order to purchase a home. The lease was through a real estate office for a private residence. The initial deposit was paid by a check to the homeowner, through the realtor, and the first month’s rent was to be divided between the two realtors. However, the seller/Landlord’s realtor is refusing to complete the contract and is threatening to not let us in the residence on 01/02/2011 as stated in the leasing agreement. The monthly rent is $ 2700 and the deposit was the same with additional $ 2700 for realtors to divide for a total of $ 5100 ($ 400 pet deposit). I was on a federal homefinding trip and did not think we would sell our home in time to purchase a home, or initiate a sales contract, before our relocation to Texas.

Best answer:

Answer by acermill
You will probably face a penalty for such cancellation. Your lease contract was legally binding from the very moment you put your signature on the contract. That you have not yet taken occupancy means nothing to the validity of the contract. You can only ask the landlord if he will assess a penalty. Expect that he will.

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Question by P/T Doctor: Regarding a residential lease– Do you know if??
I am renewing a lease on a home. The Management Company has sent me a new I year lease to sign. While looking it over they have on the contract—Duration of lease 1 yr. Starting date of lease 8/1/07. Ending date of Lease 7/31/07, which of coarse should read 7/31/08. Would this error cause either one of us to break the lease without consequence ???? Thanks

Best answer:

Answer by dillow7676
I would call up the Management Company and bring this to their attention allow them time to fix the mistake. Never sign anything that you are not comfortable with for it may come to bite you in the rear later. I doubt this would be one of those cases but it is better to be safe than sorry.

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Question by akasqueaker: is a residential lease valid if the building has no cert. of occupancy or permit for residence?
i moved into this apartment 7 months ago. i paid a 1500$ deposit and my rent is 750. now, ive been paying commerical rate for electric because its in a commericial building but the landlord said they would take care of it. well long story short they never did. so i went to the town hall and found out that they have no cert. of occupancy or permit for residence. now the town hall said it was illegal for me to live here, so im moving out. now, am i or am i not entitled for my deposit back and if they dont give it back to me do i have the right to bring them to court for my rent and my deposit?

Best answer:

Answer by Charlotte K
You have to take him to court.. did you sign a lease? It was clearly illegal for him to rent to you in the first place. Get all documents you can about the property as to why the permit expired or was never obtained. Take him to court for everything, deposit and rent, and the electric bill.

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Question by j d: I signed a residential lease in Indiana and chose not to move in, can the landlord keep my money?
Signed residential lease in Indiana. Paid security deposit and first month rent. Changed mind less than 2 hours later. Took the keys back and the Landlord will not give my money back. Am I entitled to a refund?
Lease backout was caused by a job offer that would not require a move. The offer came in shortly after signing the lease.

You can buy a car and reverse the deal within 72 hours, there must be something similar in a lease.

At less than 2 hours on reversing the deal, this guy is a real piece of work. Even the worst of slumlords would not do business this way.

Best answer:

Answer by Hayley
what does the lease say? and why would you give back the keys without getting the $ back.. you should be entitled to the money back. was it a check ?? if so stop payment.if not hope you got a receipt.

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Question by John08: Getting out of a residential lease?
I currently rent a townhome for $ 900.00 per month. I entered into the residential lease in August 07. This past April I lost my job due to budgetary cutbacks. Unemployment has still not been approved. I also don’t really have any savings to use towards the rent. Essentially, while I was working 90% of my income was going to towards rent and utilities, and the remaining 10% was going towards gas, parking, and food. Anyways, I am no longer able to afford the rent, and I have attempted to sublet the property. Yes, I know I have nobody to blame but myself for this situation. However, how do I get out of the lease? I’ve attempted to sublet the property without any success. The landlord is not willing to negotiate with me at all, stating that I need to pay her the remainder of the lease, which I by no means don’t have the money to do so. Yes, I understand her position and so forth, and also the language of the lease. If she gets me evicted and takes me to court, what is the worst scenario?

Best answer:

Answer by HelpMeEscrowStuff
This depends on where you’re located.

Legally, if you are evicted, you are obligated to pay the landlord the remaining months of your lease and “marketing costs” required to get your apartment re-rented. Your legal obligation towards the rest of the months of your lease ends when the new tennant moves in. You are always responsible for the past-due rent.

So your question of “how long do I have?” kicks in… This depends on your state, but in most states, you have to be given a pay-or-quit notice. Obviously you can’t pay so then they can take you to court. This process normally is 30 days. Then you are basically given another 30 days before a constable comes over and throws you out.

I *highly* suggest looking for another job ASAP. It is not your fault that your job was cut back due to budgetary cutbacks and most new employers will see that. But i highly suggest you get a new position ASAP…. start looking ACTIVELY and do not rely on unemployment.

The worst case scenario is you get evicted and go to court and you lose. Then you could have future wages garnished for the judgement amount. In addition, your credit is ruined and the liklihood of getting another apartment without some kind of insane security deposit is slim to none (even with the insane security deposit).

Sorry!

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Question by Joe B: Is there an upspoken clause in residential leases, stating the lease can be terminated 30 days prior to effect?
Assume an individual signs a residential lease 6 months before the lease start.

The least mentions nothing about termination of the lease prior to the start date.

Is there an unspoken clause in residential leases that allows them to be voided by either party X amount of days before the lease begins?
I’ve seen leases state, either party can terminate this contract 30 days prior to it’s effect. If a lease doesn’t have this provision or the lease is silent on the matter, are there any unspoken laws that allow the landlord or leasee to cancel the lease?

Best answer:

Answer by Jeff T
There’s no such thing as an “unspoken clause”.

Either it’s written into the lease, or there is a law that covers it, or it’s not part of the agreement.

Give your answer to this question below!

Question by Joe B: Is there an upspoken clause in residential leases, stating the lease can be terminated 30 days prior to effect?
Assume an individual signs a residential lease 6 months before the lease start.

The least mentions nothing about termination of the lease prior to the start date.

Is there an unspoken clause in residential leases that allows them to be voided by either party X amount of days before the lease begins?
I’ve seen leases state, either party can terminate this contract 30 days prior to it’s effect. If a lease doesn’t have this provision or the lease is silent on the matter, are there any unspoken laws that allow the landlord or leasee to cancel the lease?

Best answer:

Answer by Jeff T
There’s no such thing as an “unspoken clause”.

Either it’s written into the lease, or there is a law that covers it, or it’s not part of the agreement.

What do you think? Answer below!

Question by Julie G: Once you break a residential Lease, what must Landlords do to Market it exactly? ( CA )?
I broke a residential lease prior to moving in. I understand I may be responsible for days apt remains vacant, but what is the liability on Landlord’s end to market the space, etc.. For example. One of the reaosn I broke the lease was due to the Leasing Agent never responding to me by phone or email regarding Leasing issues and key exchange to move in.. Hence the fact that she may not respond to interested tenants either. They have already posted a ad on Craig’s List, but only w/an email, not a phone number.. Does the rate have to remain the same as what my Lease was @ for monthly rental rate?Thanks

Best answer:

Answer by Landlord
They can charge however much they want for rent. Even in rent control areas the asking price for a vacant unit is up the landlord. Rent control only kicks in after the renter has agreed to the initial amount.

The landlord has to use what ever methods they commonly use for finding tenants. Craigslist and a sign on the property are common in CA, the newspaper is less common as it is very costly (over 100 a week).

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